The bill proposes to revise the procedural requirements for serving subpoenas in contested cases in South Dakota. It introduces a new section to chapter 1-26, which mandates that before a subpoena for the production of documentary evidence is served, a notice and a copy of the subpoena must also be served to each party involved in the case. This aims to ensure that all parties are informed and can prepare accordingly.
Additionally, the bill grants the hearing examiner or administrative law judge the authority to quash or modify the subpoena if it is deemed unreasonable or oppressive. Furthermore, it allows for the possibility of conditioning the denial of a motion to quash on the advancement of reasonable costs for producing the requested documents by the party on whose behalf the subpoena was issued. These changes are intended to enhance fairness and transparency in the subpoena process within contested cases.